New Mexico Criminal Defense Legal Questions

From a practical standpoint it may be cost-ineffective for him to bring a court action against you. The cost of filing the complaint and service of process could exceed the fair market value of the items that you disposed of. If you gave him notice that you would not keep them around for him to pick up at some vague time in the future, then the court could make the determination that he abandoned them. It seems like he had a reasonable amount of time to retrieve them post-breakup.... Read More

Oftentimes these are blown out of proportion, but the policy is once the police are called, it will usually wind up with an arrest of the man, regardless of what else has transpired. It will require a motion to the assigned judge citing some reasons why the no contact order should be lifted. But because the violence in domestic violence cases often increases, courts are reluctant to lift the no contact order. it would have to be some very compelling grounds. Good luck with this.... Read More

From a practical standpoint, I don't think the government would seek to extradite you for this because it is "merely" a shoplifting case. However, that warrant will remain active and so if you have family or friends in NM and you come back to visit, if you are stopped for any reason, that warrant will show up and you will be arrested at that time. Your options are to ignore or to deal with it. If you ignore, penalties increase. Your departure out of state creates an appearance of awareness of guilt. If you deal with it, you can make the argument that you came back to deal with it arguing the facts as you have stated and letting the court know that you take your role as a law-abiding citizen seriously. You may not be able to breathe easily until this is resolved.... Read More

First of all, "refusing to talk" is not an offense that many people would object to, but even so, many people would consider a choke hold at least over-reaction and perhaps at most, child abuse. Many people would also say that using violence such as this is both psychologically and physiologically harmful to the child. You need to make a more enlightened decision about whether refusing to speak is one that merits discipline and then secondly, I would suggest you find a better means of discipline perhaps "time-out," no dessert, grounded etc. This is dangerous and harmful. Don't do it.... Read More

That has several implications. First, if he forged a check, why would he want to try to press charges since he is implicating himself or is he just saying that you did it and tossing you under the bus? Second, if the authorities find out about this in whatever manner, the D.A. will likely prosecute, depending, perhaps on the amount stolen in the forged check. Third, how can you be sure the victim hasn't or won't file a police report? Have you discussed this with him and made a promise to return the money?... Read More

The Pre Pros unit I'm sure, advised you early on that failure to comply with all requirements would likely get you bounced from the program. And since you made an admission to get into the program, the D A will likely file an information and get the case moving forward for prosecution with your admission.... Read More

Ten Day rule simply put means that the State has ten days from arrest to get the case to the grand jury and indicted or he must be released. If he is in custody and indicted within the ten days then the state has complied. If someone is released because no grand jury/indictment. And is released, the state can still indict.... Read More

Shoplifting charges are something an employer would likely want to know about. However, most job applications are only interested in whether you have been convicted of a felony. While it is considered a crime of moral turpitude, unless an application requests that you list all crimes of which you have been convicted, it would not be one to list. As you know, honesty is the best policy, but it probably would not be wise to list it on your resume.... Read More

When you appear before the judge, he/she will likely review your conditions of release.? Since you have posted bond, the court can continue the conditions of release as they are and continue the bond.? If the D.A. decides that the bond is insufficient and wants to argue for an increase he will.? If not, he won't and if he doesn't the court is likely to leave the conditions as they are. It's more probable than not that the D.A. will not advance an argument to increase absent some compelling reasons.... Read More

From a practical standpoint, an attorney could "ease" you into the system. An attorney may be able to facilitate the time and place of surrender rather than you just showing up and being whisked off to jail for booking. He/she may also be able to facilitate a release without the need for bond. and possibly a quick resolution without the need for further jail. Perhaps even a dismissal of charges.... Read More

If the attorney was a private attorney appointed by the Court, you can approach and ask to hire them. If the person was a county attorney such as a public defender or an alternate public defender, under most circumstances they cannot be privately retained and maintain their employment. However, some counties do allow that.... Read More

Like most women who marry the wrong man, you made it worse by putting up with him and staying in the marriage. Then you did not just walk away or call the police when he got abusive again. You hit him first and escalated the matter. You do not decide who will be prosecuted, the prosecutor does. You will not be in trouble, he will as he took the officer's gun and has priors. You must act like an adult and not get into fights with people or you will get arrested. Sophisticated people do not scream and shout at each other, immature people do.... Read More